Executive Summary
Coverage: All private employers or employment agencies that employ at least 15 or more employees.
Effective Date: January 1, 2015.
Overview: Illinois has passed the Job Opportunities for Qualified Applicants Act. The Act provides that a private employer may not inquire into or require disclosure of a job applicant's criminal record or criminal history before the candidate has been notified that the candidate has been selected for a job interview or has been offered a conditional offer of employment. It requires consideration of the nature and gravity of a candidate's conviction record, the time elapsed since the conviction, and whether the conviction has a direct bearing on the candidate's fitness before excluding a candidate.
Action Required: Remove criminal record inquiries from employment applications as applicable and consult your Human Resource Business Partner as needed.
The Details
The new law prohibits private employers and employment agencies from inquiring into, considering, or requiring disclosure of a criminal record of an applicant until the applicant has been determined to be qualified for the position and notifies the applicant that he or she has been selected for an interview, or after a conditional offer of employment is made. Illinois is the fifth state to pass what is commonly referred to as “ban the box legislation” (referring to employment applications which seek criminal history). Other states include Hawaii, Massachusetts, Minnesota and Rhode Island.
The Act does not prohibit employers from notifying applicants in writing of the specific offenses that will disqualify the applicant from employment due to federal or state law or the employer’s hiring policy.
Exceptions
The new law does not apply for positions where: (1) employers are required to exclude applicants with certain criminal convictions for employment due to federal or state law; (2) a standard fidelity bond or an equivalent bond is required and an applicant's conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, in which case an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or (3) employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act.
A full reading of the new law can be found here: HB 5701
Practical Impact
The new law will require employers to review their hiring processes and related documentation. More generally, the new law is part of a growing trend at the state and local level aimed at controlling the use of criminal history to make employment decisions. In addition, the federal Equal Employment Opportunity Commission (EEOC) has recommended that employers refrain from including criminal history inquiries on employment applications.
The EEOC guidance can be accessed by clicking here.
As always, please contact your Human Resource Business Partner if you have any questions.
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This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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